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TMI Blog2024 (8) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate. As per Section 124 (1) (b) of the Finance Act, 1994, if only penalty is in dispute and the duty demand is NIL, then such penalty shall be waived under the scheme. The relief under Section 124 (1) (b) is not subject to the satisfaction of the Designated Committee and it is as per the provisions of the scheme. In case, the appellant had filed declaration, the Committee would not have any option but to grant relief under Section 124. The filing of declaration is only procedural option to be made by the appellant. The very same issue has been considered by the Tribunal in the case of M/S JPFL FILMS PRIVATE LIMITED, JALAN JEE POLYTEX LTD., KAVITA INTERNATIONAL AGENCY, KULDEEP SINGH, DP SINGH, R KNITFAB, PERFECT DESIGNER, VK KALRA, RELIAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved by such order of imposing penalty, the appellants are now before the Tribunal. 2. The Ld. Counsel Ms. Varshini appeared and argued for the appellant. It is submitted that the main noticee viz. M/s.Ogun Steel Rolling Mills (P) Ltd. has settled the dispute by opting for Sabka Vishwas Scheme and have paid the duty. As per para-24 of the scheme, the penalty imposed requires to be set aside. In the present case, only because the appellant had not filed declaration under the scheme, the penalty imposed against them cannot sustain on the ground that the penalty against the main noticee has been set aside. 3. On merits, the Ld. Counsel submitted that the alleged duty evasion against these appeals is only Rs.2,42,400/-and Rs.87,530/-. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided under Section 124 which reads as follows: 124. Relief available under Scheme. -(1) Subject to the conditions specified in sub-section (2), the relief available to a declarant under this Scheme shall be calculated as follows: - (a) where the tax dues are relatable to a show cause notice or one or more appeals arising out of such notice which is pending as on the 30th day of June, 2019, and if the amount of duty is, - (i) rupees fifty lakhs or less, then, seventy per cent. of the tax dues; (ii) more than rupees fifty lakhs, then, fifty per cent. of the tax dues; (b) where the tax dues are relatable to a show cause notice for late fee or penalty only, and the amount of duty in the said notice has been paid or is nil, then, the entire amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es as cited by the appellants was also similar. . 12. In view of the above, we find that the benefit of the Scheme cannot be denied to the appellants just because they did not file the declaration under SVLDR Scheme. Moreover, as for the submissions of the appellants and our discussion as above, the impugned order cannot be sustained on merits also as far as the imposition of penalty, on the appellants herein, is concerned. Therefore, all the appeals are allowed. 7. Taking note of the fact that the main appellant has settled the dispute under SVLDR Scheme and only penalties have been imposed against these appellants, we are of the view that the penalty imposed against these appellants also require to be set aside. Ordered accordingly. 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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